Smith v. Crum Lynne Iron & Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. T., 1908, by plaintiff, from order of C. P. Delaware Co., Dec. T., 1902, No. 80, refusing to take off nonsuit in case of George W. Smith v. Crum Lynne Iron and Steel Company. Assumpsit for breach of contract of employment. Before Savidge, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 261, Jan. T., 1908, by plaintiff, from order of C. P. Delaware Co., Dec. T., 1902, No. 80, refusing to take off nonsuit in case of George W. Smith v. Crum Lynne Iron and Steel Company. Assumpsit for breach of contract of employment. Before Savidge, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. A nonsuit was entered chiefly on the ground that the superintendent had no authority to make the contract alleged in plaintiff’s statement. Error assigned was the order of the court refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Dean,
The defendant is a manufacturing corporation managed by a president, board of directors and a superintendent. For some weeks prior to September 17, 1900, its rolling mill bad been closed for repairs ; the plaintiff had then, for a time, been *464employed about the mill in assisting to make the repairs ; he helped to do stone and brick work as well as other jobs about the mill to put it in running condition. For such work he received $7.50 per week. On the day mentioned, while assisting other workmen in removing a pile of iron bars the pile fell upon him and seriously…
2Cases cited3 opinions
- B. & O. Employees' Rel. Ass'n v. PostSupreme Court of Pennsylvania · 1888
- Twelfth Street Market Co. v. JacksonSupreme Court of Pennsylvania · 1883
- Ogden v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1902
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- Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- General Electric Co. v. N. K. Ovalle, Inc.Supreme Court of Pennsylvania · 1939
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